By Neil L. Wojtal
The NLRB, through several decisions and based upon remarks made by Acting General Counsel Lafe Solomon, will be focusing on at-will disclaimers noting that blanket at-will statements may violate the National Labor Relations Act.
The basis for the possible violation is that a statement signed by an employee which states that the at-will disclaimer cannot be changed under any circumstances has a chilling effect on labor organizing efforts because it leads the employee to believe that the employee's at-will status cannot be changed through collective bargaining.
I am attaching a link to an article which explains the reasoning behind the possible violation and which includes some steps which an employer can take to protect its at-will status. The best protective measure is to make sure your at-will language does not provide that the nature of the at-will relationship cannot be changed under any circumstances.
Here is the link:
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